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All authorities agree that there is such a thing as a false conflict which requires no choice. However, typically, there is no agreement on what constitutes a false conflict. Professors Cavers, David F. Cavers, Professor of Law, Emeritus, Harvard University. Currie, Brainerd Currie, William R. Perkins Professor of Law, Duke University and Sedler Robert A. Sedler, Professor of Law, University of Kentucky together with Mr. Justice Traynor, Roger J. Traynor, Chief Justice of California, retired appear to urge that the policy or governmental interest behind the law of each state be examined and that a false or avoidable conflict be considered present if no substantial conflict is found to exist between the states' policies or interests in the particular factual context in which the question arises. See Symposium, Conflict of Laws Round Table, 49 Tex L Rev 211 (1971); B. Currie, SELECTED ESSAYS ON THE CONFLICT OF LAWS 189-90 (1963); Traynor, Is this Conflict Really Necessary?, 37 Tex L Rev 657 (1959); D. Cavers, THE CHOICE OF LAW PROCESS 72-74 (1965).
On the other hand, Professors Leflar, Robert A. Leflar, Professor of Law, New York University, and Distinguished Professor of Law, University of Arkansas, former ...
